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Supreme Court of India 2019-01-31 dismissed

KALUA @ KOSHAL KISHORE vs THE STATE OF RAJASTHAN

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

The appellants were convicted of murdering Lakhan, a Municipal Corporation inspector, during a market incident in 1999. Two eye-witnesses testified that the appellants, along with others armed with weapons, surrounded and fired upon the deceased, causing fatal injuries. The Trial Court and High Court both upheld the conviction under Section 302 read with Section 34 IPC and imposed life imprisonment. The appellants appealed challenging the eye-witness credibility and arguing that the acquittal of two other accused raised doubts. The Supreme Court upheld the conviction, finding the eye-witness testimony credible and consistent, and holding that acquittal of some accused does not discredit evidence against others.

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Criminal Procedure Evidence Murder Eyewitness Testimony Credibility of Witnesses Concurrent Findings

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